Defamation Case of Prita Mulyasari

Prita Mulyasari vs. Omni International Hospital
Defamation against freedom of expression in respect to Business Ethics & Law

Brief SummaryPrita Mulyasari, was patient suspected Dengue Fever in Omni International Hospital sued for Defamation Case due her openly distributed moaning and disappointments e-mail to relatives and friends in mailing list, and imposed kept in detention based on breaching Information and Electronic Transaction (ITE) Law

Chronology and FactsIt begun at around 8:30pm on Tuesday August 7, 2008 when Prita Mulyasari visited OMNI International Hospital Bintaro to check her condition that suffer of fever and headache and by medical check stated her thrombosis was 27,000 so critical that made her had to stay to be inpatient for further medication treatment. In the morning, Dr. Hengky Gosal, Sp.PD admitted there’s revision to lab test that Thrombosis is 181,000 instead of 27,000 as earlier stated without any medical record given to Prita. After few days under hospital treatment as Prita condition worsen and felt mistreated adding by insufficient information provided, she left the hospital to seek another hospital for 2nd opinion and found that she’s got mumps illness. By the fact, then Prita conveyed her complaints to OMNI International Hospital that handled by Dr. Grace as Customer Service Manager. As of Prita confession, the responds was inadequate and seems to be falsifying the data as her request for the 27,000 thrombosis report was never been given. In her moaning and disappointments to OMNI International Hospital services, Prita then wrote an e-mail sent to mailing list sharing her experiences while she was having the treatment, which then become trigger to a defamation sue by OMNI International Hospital. (Suara Pembaca Detik, Omni gained patient by falsifying lab result, Aug 30, 2008, approx 3 pages)

Head of the YPKKI, a Non Government Organization focusing on Health Services and Consumers, Marius Widjajarta said his...

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‘Ordinary and reasonable person’ - fair-minded, neither unduly suspicious nor unduly naïve, nor avid for scandal, nor bound to select one defamatory meaning when non-defamatory meanings are available Lewis v Daily Telegraph
Who decides?
Decided by Judge if capable of being defamatory (Capital & Countries Bank Ltd v Heaty Son (HL 1882) Jury will decide if it is defamatory and it’s hoped their views will reflect current trends in society.
Case:
Byrne v Deane (1937)- snitched on his golf club about illegal gambling – so they indirectly called him a snitch in a poem.
It has to be defamatory towards right-minded people. What he did was right.
Lukas v Young
An allegation that someone was a witch – not defamatory – no reasonable person believed in witches
Monson v Tussauds – wax museum murder scene
The depiction of a scene in the defendant’s likeness is Libel in defamation
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True Innuendo: True innuendo arises when words that appear to be innocent to some people appear as defamatory to others because they possess special knowledge or extra information
Tolley v JS Fry & Sons –amateur golfer implied to have sponsor, thus losing amateur status
• If a person with ‘special knowledge’ would think less of you after the statement
• And if the statement was published to one or more of those type of people
** At the time the statement...

...“Every man has a right to have his reputation preserved inviolate.”
In law, defamation—also called calumny, vilification, slander (for spoken words), and libel (for written or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.
A defamatory statement is a statement calculated to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business, profession, calling or office, or to cause him to be shunned or avoided in society.
Winning a defamation of character lawsuit can pay off in two types of compensation: general damages and special damages. General damages covers emotional trauma while special damages covers economic loss. In the case of a slander lawsuit proof of specific special damages might be required before general damages can be awarded. Unfortunately, special damages can be hard to prove.
Forms of Defamation
SLANDER
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Table of Contents
1. Introduction 3
1.1 What is Defamation? 3
1.2 How about freedom of speech? 4
1.3 Online Defamation 5
2. Recourses to defamation in India 5
3. Can online defamation law be misused? 8
4. Conclusion 10
5. References 12
-------------------------------------------------
Introduction
1.1 What is Defamation?
(Shakespear's Othello, Act-II, Scene III, pp.167)
A good name is worth more than good riches. Good name in man and woman, dear my Lord Is the immediate jewel of their souls; Who steals my purse, steals trash; its something nothing; T'was mine, t'is, and has been slave to thousands; But he that filches from me my good name, robs me of that which not enriches him And makes me poor indeed. [1]
As per www.wsj.com “Defamation is a legal wrong emerging from an act of injuring a person’s reputation and sullying their character without lawful justification or excuse.”
In history, the root of this misconduct is in the act of shouting. The Praetorian Edict circa 130 AD had made the act of cursive public pronouncement, through shouting, to be gravely punishable. The code had declared: "qui, advesus bonos mores convicium cui fecisse cuiusve opera factum esse dicitur, quo adversus bonos mores convicium Weret, in eum iudicium dabo." That is, shouting words and invectives contrary to public...

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Seminar Prep 2
What is defamation?
Refers too, injuring the reputation of another by exposing him to hatred contempt or ridicule which lowers him in the esteem right thinking of members in the society.
Defendant need not ascertained beforehand the likely effect of his words as long as his actions were done voluntarily. What is relevant is that the words were understood by others in a defamatory sense.
Liable – usually written. Consists of a defamatory statement or representation in permanent form which must also be visible. Statements in books, articles, newspapers, letters.
*Monson V. Tussauds- Making and placing of a wax work of the plaintiff near the chamber of horrors was held to be liable.
Slander- Spoken. Temporary or audible.
Elements
I. The allegation must be defamatory.
It has to be that the spoken words, which are abusive and uttered in a fit of temper are not defamatory
*Fields V. Davis- Defendant called the plaintiff, a married woman a tram.
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...REGISTERED A.D/U.P.C.
Dated:
To,
Sonia Bawa Sipra
R/o D-102 Defence Colon, New Delhi
LEGAL NOTICE
SUB: Notice for Malicious Prosecution and Defamation
Madam,
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2. That after the demise of Shrimati Pushpa Devi, your mother, the above addressee, you were collecting the rent and other charges of the said premises while there were the property disputes with regard to its inheritance between you and your brother who is presently living in the USA.
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...TORT TUTORIAL 7
* Differences between libel and slander. Is the distinction of practical significance?
Defamation protects an individuals reputation.
Slander refers to a malicious, false, and defamatory spoken statement or report (non- permanent), while libel refers to any other form of communication such as written words or images.(permanent)
The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures and the like, then this is slander.
Libel is actionable per say (without proof of actual harm) in itself whereas damages must be proven for slander.
Libel may be prosecuted as a crime while slander may only be prosecuted as a tort.
* To what extent is the media protected by qualified privilege when reporting on issues of public interest?
It is not available if the statement complained of was made malice, which can mean with a bad motive or simply without an honest belief that the statement was true.
* What impact has the human rights act1998 had on the law of defamation?
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Defamation is something spoken or in print, which is intended to harm a person’s reputation. It is basically a false statement, or an offensive visual representation which might defame someone or prove harmful to one’s public image and reputation. It not only implies to individuals, but also to business, products, group, government, religion or nation. It is an offence punishable by law.
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